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HomeMy WebLinkAbout09/10/90 Board of Public Works Minutes273 REGULAR MEETING SEPTEMBER 10, 1990 The regular meeting of the Board of Public Works was convened at 9:31 a.m. on Monday, September 10, 1990, by Board Member Patricia E. DeClercq, with Mrs. DeClercq and Ms. Katherine Humphreys present. Also present was Board Attorney Jenny Pitts Manier. Board President John E. Leszczynski was not in attendance. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the minutes of the September 4, 1990, regular meeting of the Board were approved. AGENDA ITEM ADDED Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the matter of the Box Office and Administrative Computer System for the Morris Civic Auditorium was added to the agenda. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - ALLEY VACATION: 1ST E/W ALLEY SOUTH OF JEFFERSON STREET Mrs. DeClercq advised that this was the date set for the Board's Public Hearing on a proposed alley vacation described as follows: The first East/West alley South of Jefferson Street, from the West line of Frances Street running West for a distance of approximately 165 feet to the East line of the first intersecting North/South alley West of Frances Street all in the Barman's Subdivision of South Bend, St. Joseph County, Indiana. It was noted that this Public Hearing is being held in order for the Board to submit a recommendation to the Common Council concerning the Vacation Petition filed by Bruce R. Bancroft and Mr. Scott M. Keller, Barnes & Thornburg, 100 North Michigan Street, Suite 600, South Bend, Indiana, as Contract Persons on behalf of the Petitioner, Dr. James V. Macri, 926 East Jefferson Boulevard, South Bend, Indiana. It was further noted that pursuant to South Bend Municipal Code Section 18-53.8, owners whose property abut the proposed alley to be vacated as well as those property owners within one hundred fifty feet (1501) of the alley to be vacated were notified of the Board's Public Hearing date. Mr. Scott M. Keller, Barnes & Thornburg, 100 North Michigan Street, Suite 600, South Bend, Indiana, was present on behalf of the Petitioner and advised the Board that the purpose of the vacation is to permit the expansion of a paved parking lot for Dr. James V. Macri's office and residential rental property. Mr. Keller informed the Board that due to the change in the area from residential to business there is a shortage of on -street parking. Mr. Keller submitted to the Board a diagram of the area indicating property owned by Dr. Macri as well as photos showing the proposed alley to be vacated. Mr. Keller advised that Dr. Macri would like to expand his parking lot to allow his employees and patients to move from on -street parking to off-street parking. Ms. Cleo Hickey, Department of Economic Development, addressed the Board and inquired if residents of the surrounding area were notified and whether or not there were remonstrators against this vacation. She was advised that all property owners within one hundred fifty feet (1501) of the proposed alley to be vacated were notified of the Board's Public Hearing and that no written remonstrances were received by the Board. 274 REGULAR MEETING SEPTEMBER 10, 1990 There being no one else present wishing to speak either for or against the proposed vacation, Mrs. DeClercq declared the Public Hearing on this matter closed. Mrs. DeClercq noted that the Board is in receipt of a letter from Mr. Stephen A. Anella, President and CEO, Mathews Purucker Anella, Inc., 218 South Frances Street, South Bend, Indiana, advising that they do not object to the vacation of this alley, especially if it is used to provide much needed off-street parking. Additionally, Mrs. DeClercq noted that favorable comments have been received from the Engineering Department, Fire Department, Area Plan Commission and the Department of Economic Development concerning this proposed alley vacation. Therefore, upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to alley vacation subject to any and all utility easements. PUBLIC HEARING E/W ALLEY SOUT Mrs. DeClercq Public Hearing AND FAVORABLE RECOMMENDATION - OF WESTERN AVENUE ALL ACATION: 1ST dvised that this was the date set for the Board's on a proposed alley vacation described as follows: The first East/West alley South of Western Avenue, running West from Main Street, for a distance of approximately 165 feet to the east line of the 1st North/South alley West of Main Street, all in Martin's addition. It was noted that this Public Hearing is being held in order for the Board to submit a recommendation to the Common Council concerning the Vacation Petition filed by Mr. Roger Nawrot, Cole Associates, Inc., 2211 East Jefferson Boulevard, South Bend, Indiana, as Contact Person on behalf of the Petitioner, Mr. Thomas McCalley, President, Briarwood Development Company, P.O. Box 1255, Carmel, Indiana. It was further noted that pursuant to South Bend Municipal Code Section 18-53.8, owners whose property abut the proposed alley to be vacated as well as those property owners within one hundred fifty feet (1501) of the alley to be vacated were notified of the Board's Public Hearing date. Mr. Thomas McCalley, President, Briarwood Development Company, was present and advised the Board that his company is in the process of erecting a building which will be located adjacent to the alley to be vacated. He noted that the building will be leased to GSA for the local Social Security office. Mr. McCalley presented to the Board plans indicating the size and location of the building and its relation to the proposed alley to be vacated. Mr. McCalley informed the Board that the vacation of the alley is being sought because he has been advised that it is in violation of City ordinances to allow employees to back out from parking spaces behind the building into the public alleyway. The closing of the alley would alleviate this concern. He noted that it is their intention to pave the alley and make it one paved area. He also noted that at the present time the fourteen foot (141) alley is brick and not paved over. Ms. Humphreys inquired if all they were intending to do is to attempt to add additional parking and comply with the City ordinance. Mr. McCalley stated that that is correct and with the vacation of the alley they would be allowed to pull in and back out of the parking spaces. 1 1 275 REGULAR MEETING SEPTEMBER 10, 1990 Board Attorney Jenny Pitts Manier inquired if it was their intention to block the alley should it be vacated. Mr. McCalley advised that it is not their intention to block the alley. Ms. Cleo Hickey, Department of Economic Development, was present and advised the Board that the Department is in favor of the vacation. Mrs. DeClercq inquired if there was anyone else wishing to speak in favor of the vacation. No one else wished to speak. Mrs. DeClercq then inquired if there was anyone present opposed to the vacation. Mr. Robert Richert, Acro Electronics, 412 South Lafayette Boulevard, South Bend, Indiana, advised that he is opposed to the closing of the alley as his business uses the alley for loading. He indicated that semi -trucks making deliveries as well as their own truck use the alley and this access is needed. Mr. James Cook advised the Board that it was his understanding that the alley could be used to back out into if the Petitioner would be responsible for the paving and improvements to the alley. He noted that this arrangement would allow others to use the alley as well. Board Attorney Jenny Manier indicated that if the alley is used for this purpose and not vacated, it is still public right-of-way and the City could be liable for any accidents that might occur in this situation and therefore this solution is not without risk to the City. Mr. McCalley was asked if he would be amenable to entering into some type of access easement or agreement with the property owners in the area that would be affected by the closing of the alley and who are opposed to its closing. Mr. McCalley indicated that he had no problem with that type of arrangement. It was noted that once the alley is vacated, it becomes the private property of the abutting property owners and the City would not have any means to stipulate its use in this regard. Ms. Humphreys inquired of Mr. Ries of Ries Furniture Company if an access easement or agreement would address his concerns. Mr. Ries indicated that this arrangement would be acceptable to him as long as nothing impedes use of the alley to allow his company to load and unload their trucks. He noted that this alley is needed for access to the loading dock. Mr. Richert stated that his concern is that the easement be perpetual and go beyond the present owners and that it cannot be changed should there be a change in ownership. There being no one else wishing to speak either for or against this alley vacation, Mrs. DeClercq declared the Public Hearing closed. Mrs. DeClercq noted that favorable comments have been received from the Engineering Department, Fire Department, Area Plan Commission and the Department of Economic Development concerning this proposed alley vacation. Ms. Humphreys indicated that she is concerned about the existing businesses and their needs and would hate to see anything done to hurt them. Ms. Humphreys therefore made a motion that the Board send a favorable recommendation to the Common Council along with clarification of the position the Board took with respect to limited access agreements. She stated that she wants to make sure the Common Council understands that this arrangement is part of the Board's recommendation and that it is the Board's understanding that the Petitioner will work with the affected 276 REGULAR MEETING SEPTEMBER 10, 1990 property owners and provide access agreements. Additionally, the vacation is also subject to any and all utility easements. Mrs. DeClercq seconded the motion which carried. OPENING OF BIDS - DIESEL FUEL 41 AND #2 - TRANSPORT DELIVERY This was the date set for receiving and opening of sealed bids for the above referred to diesel fuel. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be.sufficient. The following bids were opened and publicly read: PETROLEUM TRADERS CORPORATION 1122 Thomas Road Fort Wayne, Indiana 46804-1198 Bid was signed by Mr. Michael Himes, President, Non -Collusion Affidavit was in order and a ten per cent (10%) Bid Bond was submitted. 13 "D 350,000 Gallons #1 Diesel Fuel (Margin +.0169) Unit Price: .9148 350,000 Gallons #2 Diesel Fuel (Margin +.0169) Unit Price: .8257 Petroleum Traders reserves the right to deliver various branded fuels that meet or exceed the City of South Bend's specifications. The margin of markup indicated above derived by utilizing the posted price effective September 7, 1990 will be the same margin Petroleum Traders will use on whatever source is used on that day of delivery. 350,000 Gallons #1 Diesel Fuel - Unit Price: 1.079 350,000 Gallons #2 Diesel Fuel - Unit Price: .9790 Prices are FIRM for the contract period. The rack price for #1 diesel fuel is .8979 and for #2 diesel fuel is .8088. The following applies to both bids: - Prices exclude all taxes and fees and Superfund. - Payment terms - Net 30 days. - Prices are based on transport loads. B_ERRETH OIL, INC. 1301 West 6th Street Mishawaka, Indiana 46544 Bid was signed by Mr. Dennis J. Berreth, Non -Collusion Affidavit was in order and a ten per cent (10%) Bid Bond was submitted. BID: Transport Loads #1 Diesel Fuel - Unit Price: .917 Transport Loads #2 Diesel Fuel - Unit Price: .827 Bid indicated that Berreth does not charge inspection fees and diesel bid will be MOBIL product. All prices include freight. 277 REGULAR MEETING SEPTEMBER 10, 1990 Bid also indicated that this bid as submitted will be increased or decreased in the proportionate amount of the material price fluctuation. Berreth Oil, Inc., will submit, upon request, certified proof of claim. Berreth Oil is notified of price changes in the form of a mailgram from their suppliers. Copies will be made available to the City. SMITH PETROLEUM, INC. P.O. Box 5034 Fort Wayne, Indiana 46895 Bid was signed by Mr. Lonnie Wilson, General Manager, Non -Collusion Affidavit was in order and a ten per cent (100) Bid Bond was submitted. BID: 350,000.00 Gallons more or less #2 Diesel Fuel - Truck Transport - Minimum Delivery - 6,000 gallons: Unit Price: $.835 Total: $292,250.00 Supplier: Koch Refining at Niles, MI 350,000 Gallons more or less #1 Diesel Fuel - Truck Transport - Minimum Delivery - 6,000 gallons: Unit Price: $.925 Total: $323,750.00 Supplier: Koch Refining at Niles, MI - Terms: Net 20 days - Prices effective 9-7-90 Escalation Clause: Smith Petroleum, Inc., reserves the right to increase or decrease the contract unit price in an amount equal to any increase or decrease instituted by their supplier. Copies of price adjustments will be furnished to verify price changes for the length of the contract. Excludes all taxes. Upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the above bids were referred to the appropriate City departments and bureaus for review and recommendation. REJECT BIDS - BOX OFFICE AND ADMINISTRATIVE COMPUTER SYSTEM - MORRIS CIVIC AUDITORIUM Mrs. DeClercq advised that on July 9, 1990, the Board of Public Works received and opened bids for the above referred to computer system. Based on the information received and discussions regarding these bids, it has been determined that the bids should be rejected. Therefore, Mrs. DeClercq made a motion that the bids received on July 9, 1990, for the above referred to computer system be rejected. Ms. Humphreys seconded the motion which carried. APPROVE ESCROW AGREEMENT - IRONWOOD-IRELAND RETENTION BASIN IMPROVEMENTS PROJECT Mrs. DeClercq advised that the appropriate Escrow Agreement for the above referred to project has been prepared and is being submitted to the Board at this time for approval and execution. It is noted that the Contract with Small, Inc., for this project was approved by the Board of Public Works on September 4, 1990. 278 REGULAR MEETING SEPTEMBER 10, 1990 Therefore, Ms. Humphreys made a motion that the Escrow Agreement be approved. Mrs. DeClercq seconded the motion which carried. APPROVE CHANGE ORDER NO. 4 - CONTRACT II - WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT Mrs. DeClercq advised that Tenny Pavoni Associates, Inc., 6744 West Washington Street, South Bend, Indiana, has submitted Change Order No. 4 - Contract II, as executed by Calumet Construction Corporation, for the above referred to project indicating an increase of $14,662.50 for a new Contract amount of $7,694,880.50. The Change Order also indicated an eighty-seven (87) day extension for completion of the project thereby making the completion date for Contract II December 31, 1990. Ms. Humphreys made a motion that the Change Order as submitted be approved and executed. Mrs. DeClercq seconded the motion which carried. APPROVE CHANGE ORDER NO. 1 - ST. JOSEPH/WAYNE STREET PARKING GARAGE RETAIL SPACE IMPROVEMENTS PROJECT Mrs. DeClercq advised that the Board is in receipt of Change Order No. 1 for the above referred to project as submitted by Hurtt-Kenrick Architects, 115 Colfax Avenue, South Bend, Indiana and Majority Builders, Inc., 62900 U.S. 31 South, South Bend, Indiana, indicating an increase of $2,495.00 for a new Contract amount of $105,095.00. Mrs. DeClercq made a motion that the Change Order as submitted be approved and executed. Ms. Humphreys seconded the motion which carried. APPROVE AMENDED IRREVOCABLE STANDBY LETTER OF CREDIT NO. S-8777 - CROSS CREEK, INC. Mrs. DeClercq advised that the Board is in receipt of Amended Irrevocable Standby Letter of Credit No. S-8777 as submitted by Society Bank, Indiana, P.O. Box 6, South Bend, Indiana, indicating that they amend their Irrevocable Standby Letter of Credit #S-8777 at the request of and for the account of Cross Creek, Inc., 828 East Jefferson Boulevard, South Bend, Indiana as follows: Amount: $16,432.00 Instead Of: $27,778.00 Expiry: August 30, 1991 Instead of: August 31, 1990 Additionally, the Letter of Credit is now amended to indicate that Cross Creek has failed to complete one (1) inch asphaltic surface coat and sidewalks at Cross Creek, Phase III, Part I. All other terms and conditions remain unchanged. Therefore, Ms. Humphreys made a motion that the Amended Irrevocable Standby Letter of Credit as submitted be approved. Mrs. DeClercq seconded the motion which carried. APPROVE REQUESTS OF RIVER PARK BUSINESS ASSOCIATION TO CLOSE STREET AND CONDUCT PARADE IN CONJUNCTION WITH RIVER PARK ROUNI - SEPTEMBER FEST - SEPTEMBER 14-15, 1990 Mrs. DeClercq advised that the appropriate City departments and bureaus have reviewed the above two (2) requests submitted to the Board on September 4, 1990 and approval is recommended. Board Attorney Jenny Pitts Manier informed the Board that the request to close 23rd Street in conjunction with September Fest is for two (2) days and it has been the policy of the Board not to allow street closures for longer than one (1) day. She also noted, however, that this request was not submitted in a timely LJ 1 1 279 REGULAR MEETING SEPTEMBER 10, 1990 manner and there is no time to consider a modification of the request. Ms. Humphreys made a motion that the requests be approved and that the River Park Business Association be advised that in the future they need to submit their requests in a more timely manner as it has been the policy of the Board to limit street closures to one (1) day. Mrs. DeClercq seconded the motion which carried. APPROVE REQUEST TO CLOSE THE 1600 BLOCK OF DEVON CIRCLE FOR NEIGHBORHOOD BLOCK PARTY - SEPTEMBER 23, 1990 Mrs. DeClercq advised that the appropriate City departments and bureaus have reviewed the above referred to request, which was submitted to the Board on September 4, 1990, and approval is recommended. Therefore, Mrs. DeClercq made a motion that the recommendation be accepted and the request be approved. Ms. Humphreys seconded the motion which carried. APPROVE REQUEST OF FOREST SIGN & DISPLAY TO INSTALL SIGN IN PUBLIC RIGHT-OF-WAY AT 501 NORTH NILES Mrs. DeClercq noted that the above referred to request, which was submitted to the Board on July 2, 1990, has been reviewed and at this time it is the recommendation of the Engineering Department that the request be approved. Ms. Humphreys made a motion that the recommendation be accepted and the request be approved. Mrs. DeClercq seconded the motion which carried. APPROVE REQUESTS OF CITY AWNING TO INSTALL CANOPIES AT: - 108 NORTH MAIN STREET - STORM'NS NITE CLUB - 416 E. HOWARD STREET - V & F MINI MART Mrs. DeClercq stated that the above referred to requests, which were submitted to the Board on August 13, 1990, have been reviewed and have received favorable recommendations. Mrs. DeClercq noted that the City Attorney's office has prepared the required Indemnification and Hold Harmless Agreements for each of these locations which must be executed by representatives from City Awning and Storm'ns Nite Club and the V & F Mini Mart as the canopies to be installed will encroach onto public right-of-way. Therefore, Mrs. DeClercq made a motion that the request to install a canopy at 108 North Main Street be approved. Ms. Humphreys seconded the motion which carried. Additionally, Ms. Humphreys made a motion that the request to install a canopy at 416 East Howard Street be approved. Mrs. DeClercq seconded the motion which carried. REQUEST OF RILEY HIGH SCHOOL TO CONDUCT BAND MARCH-A-THON - SEPTEMBER 22, 1990 - REFERRED In a letter to the Board, Mr. Tom DeShone, Band Director, Riley High School, 405 East Ewing, South Bend, Indiana, requested permission to have a March-A-Thon on September 22, 1990 from 9:00 a.m. to 11:30 a.m. utilizing the route which he submitted with the request. Mrs. DeClercq made a motion that the request be referred to the appropriate City departments and bureaus for review and recommendation. Ms. Humphreys seconded the motion which carried. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, requested that the Board advertise the sale of approximately nine (9) abandoned vehicles, which are being stored at Super Auto Salvage Corporation, 3300 South Main Street, South Bend, Indiana. It was noted that all vehicles have been stored more than fifteen (15) days, identification checks had been run REGULAR MEETING SEPTEMBER 10, 1990 for auto theft and the owners and lienholders notified. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the above request was approved and a date of September 24, 1990, was established for the receiving and opening of sealed bids. REQUEST OF TRANSPO TO INSTALL A BUS SHELTER AT THE N.E. CORNER OF MISHAWAKA AVENUE AND GREENLAWN - REFERRED In a letter to the Board, Mr. Art Barnes, Assistant General Manager, South Bend Public Transportation Corporation, 901 East Northside Boulevard, P.O. Box 1437, South Bend, Indiana, advised that TRANSPO requests permission to install a bus shelter on the northeast corner of Mishawaka Avenue and Greenlawn. Mr. Barnes noted that TRANSPO will provide insurance and handle installation. Mrs. DeClercq made a motion that the request be referred to the appropriate City departments and bureaus for review and recommendation. Ms. Humphreys seconded the motion which carried. APPROVE SIDEWALK SALE PERMIT APPLICATIONS Mr. Leszczynski advised that the following Sidewalk Sale Permit Applications have been submitted to the Board for approval: NAME OF BUSINESS: CONNIE'S CORNER ADDRESS: 2302 Mishawaka Avenue BY: Connie Gary, Co-Owner/Operator DATES REQUESTED: September 13-16, 1990 NAME OF BUSINESS: PELTZ-COLWELL MUSIC HOUSE ADDRESS: 2921 Mishawaka Avenue BY: Linda L. Colwell, Owner DATES REQUESTED: September 15, 1990 NAME OF BUSINESS: MACADOO'S KITCHEN ADDRESS: 2714 Mishawaka Avenue BY: Tim McD, Owner DATES REQUESTED: September 15, 1990 NAME OF BUSINESS: MUSIC MACHINE PARTY CENTER ADDRESS: 2112 Mishawaka Avenue BY: Mark A. Simmons, Manager DATES REQUESTED: September 13-15, 1990 NAME OF BUSINESS: GRAPHIE-TEES ADDRESS: 2925 Mishawaka Avenue BY: Lynn A. Rodriquez, President DATES REQUESTED: September 15, 1990 NAME OF BUSINESS: FISHER HARDWARE, INC. ADDRESS: 2314 Mishawaka Avenue BY: Carl A. Fisher, Jr., President DATES REQUESTED: September 15, 1990 NAME OF BUSINESS: STUDE'S LOUNGE. ADDRESS: 2206 Mishawaka Avenue BY: Timothy Decker, Manager DATES REQUESTED: September 14-15, 1990 LOCATION: N.W. Corner of Mishawaka Avenue and 23rd Street NAME OF BUSINESS: FRICK'S DRIVER EDUCATION SCHOOL, INC. ADDRESS: 3613 Mishawaka Avenue BY: William Wagner, Owner DATES REQUESTED: September 15, 1990 LOCATION: N.W. Corner of Mishawaka Avenue and Logan Street 1] 1 28.1 REGULAR MEETING NAME OF BUSINESS: ADDRESS: BY: DATES REQUESTED: SEPTEMBER 10, 1990 GENE ALLEN STUDIOS 2904 Mishawaka Avenue Gene Allen, Owner September 15, 1990 It is noted that attached to all of the above referred Sidewalk Sale Permit applications were the required Indemnification Agreements. Therefore, Ms. Humphreys motion that the applications as submitted be approved. DeClercq seconded the motion which carried. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS to made a Mrs. Two (2) reports from the Department of Code Enforcement indicating a total of twenty-seven (27) City -owned and miscellaneous properties cleaned from August 27, 1990 to August 30, 1990, and forty-five (45) other properties cleaned from August 27, 1990 to August 29, 1990, were submitted. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the reports as submitted were filed. APPROVE CLAIMS Voucher Nos. 721-749 for the Bureau of Wastewater and Voucher Nos. 583-607 for the Bureau of Sewers were submitted for approval. Upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the vouchers were approved and the reports as submitted were filed. PRIVILEGE OF THE FLOOR QUESTIONS FROM THE NEWS MEDIA CONCERNING DIESEL FUEL BIDS AND PRICES Mr. Dave Rumbach, Reporter, South Bend Tribune, inquired what the City uses diesel fuel for and what departments utilize the fuel. Board Attorney Jenny Pitts Manier and Ms. Humphreys advised that this fuel is used to operate equipment and that the Wastewater Treatment Plant utilizes a large quantity of diesel fuel as well. They also directed Mr. Rumbach to either Mr. Jack Dillon at the Wastewater Plant or Mr. Phil St. Clair at the Municipal Services Facility to answer further inquiries regarding diesel fuel and the current prices being paid. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the meeting adjourned at 10:16 a.m. John Leszczynsk!i ,Patricqvia E. DeClercq rine ATT T: a � Sandra M. Parmerlee, Clerk